Snohoinish County Multiple: Agency Response Team OFFICER Case 57am: Hue; (After Garriry, Recorded) Name (Last, ?rst, middle): Varies .1 ?10,le '5 hit-1W Rank: Work Address: [(9,352 I Ll?! rt City: State; Um Date: 3 Telephone Work): This is the statement of VA 2133 . The date is 3/ 551/! 7 and the time is now i 0 W04. I am Detective David Fontenot of the Snohomish County Multiple Agency Response Team. This statement is being recorded at 15: grass: in?" ?d . There are 5: persons present in the room. For purposes of voice identi?cation, would each person besides 0 Fl: a c. an. ?les- the person who is giving this statement, please state your name and occupation, one at a ad" Q: (ii; Roam Va do you understand that this statement is being recorded? Q: Is it hue that you receiVed an Order ii'om your depainnent to provide this statement? Q: Are you giving this statement pursuant to that deparhnental Order? Q: What is your full name and spell it please? Q: What is your Work address? Q: What is your work telephone umber? (End ofsmtement): Q: Do you have anything else you would like to add to this statement? Q: Do you certify, or declare, under penalty of perjury under the laws of the State of Washington that this statement is true and correct? Q: Would you please sign this document on the line indicated? i" 7L1 l- O?icer Signature: ?(L?1w . - il, The time is now i 3423,4- and this concludes this statement. drum?ha . . . . "anew-n. mun-z.? . Officer Yates 2) Det. Fontenot: Officer Yates: Det. Fontenot: Det. Bilyeu; Mr. Isaacson: Sgt. Erickson: Det. Fontenot: Officer Yates: Det. Fontenot: Of?cer Yates: Det. Fontenct: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fonten? ORIGINAL I SMART In vestfgatfon 7-01 Det. Fontenot This is the event uh, recorded statement of Officer uh, Zach Yates. Detective Dave Fontenot with the Snohomish Multi Agency Response Team, uh, and the Snohomish County Sheriff?s Office. The date is 28l2017, the time now is 10:10 hours. Um, Zach, we?re recording this, so l?m just gonna go over this form, and we?re gonna talk about the Garrity, and then we?re gonna justjump right in, OK Uh, this is the statement of Officer Yates, todays date is 218/2017. The time now is 10:10 as I stated. l?m Detective Dave Fontenot of the Snohomish County Muttiple Agency Response Team. This statement is being recorded at the Everett Police Department. There are five persons present in the room. For the purposes of voice identification, would each person, besides Officer Yates, the person who is giving this statement, please state your name and occupation one at a time? Detective Dave Bilyeu, SMART Team, Snohomish County Sheriff?s Office. . Derek lsaacson, Attorney for Zachary Yates. Sergeant Phillip Erickson, SMART Team, Everett Police. And Officer Yates, is ok if i referto you as Zach? That'd be great. Are you comfortable with that? I am. Thank you. Uh, do you understand this statement is being. recorded? i do. Is it true that you received an order from your department to provide this statement? Yes. Are you giving this statement pursuant to that departmental order? Yes. February 3, 201,7 1 Officer Yates (1 a 2) Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fo ntenot: Officer Yates: Det. Fontenot: Officer Yates: oer. Fontenot: Of?cer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: OffiCer Ya tes: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fonteng?/ . ORIGINAL 2 SMART investigation Det. Fontenot Uh, what is yourfull name, and spell it please? Zach, Yates, Thank you, and uh, what is your work address? Uh, 19321 44th Avenue West, Washington. And is there a contact phone numberfor you there? Uh, yeah, uh, I don?t have that on me right now. I?d have to look at my phone, my business Card, I don't have it memorized. it?s ok, I think, I?m pretty sure we can . Awesome. figure that part out. Uh, have in front of me a uh, memorandum from Chief Davis. Have you had an opportunity to go over this with your attorney".? Yeah. And you understand the contents of that? Yeah. And it?s essentially a Garrity letter, um, that affords you, that orders you to talk with us. Uh, you understand that nothing that you uh, divulge to us in this interview uh, can be used against you in a criminal proceeding? You understand that? i do. And you?re participating in this statement as a matter-of that order. We asked that question, but I want to make sure you understand that? do. And you?ve had a chance to discuss that with your attorney, and feel comfortable providing this statement? ldo. Great. Uh, I am going to have you sign this memorandum, which is a copy provided by uh, your attorney. if you could? Ok. . February 3, 2017 3M201T-1mmOfficer Yates (1 2) Bot. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Mr. lsaacson: Det. Fontenot: Officer Yates: Mr. lsaacson'. Officer Yates: Det. Fo ntenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fo ntenot: Of?cer Yates: Det. Fontenot: Officer Yates: Bet. Fonten?/ ORIGINAL SMART Investigation Det. Fontenot And that's just ex, signing the acknowledgement of the Garrity order fro-m Chief Davis. Thank you. Ok, yesterday I received an email uh, with an attachment of a written statement, that was completed. You've had a chance to review that and create that statement, is that correct? That?s correct.- . Um, have a copy of it, if you would like to uh, have that with you or we can just simply go through it, just piece by piece, and ask questions from there? Sure, I'll take a look at the copy as well. Thank you. I'll let take a second to just peruse that and make sure that that is an accurate representation of your written statement and uh, at the end I'll have you sign the bottom of that. And you can just hang on to that. UK Initial the pages Ok So, Zach, uh, ljust want to go, we'll just go piece by piece through this, uh, and then we?re gonna have some follow up questions, some form, a little more formal questions that we just need to ask. 0k - Um, and if you need to take a break, just say i need to take a break. Uh, if you want to consult with your attorney before you answer a question, uh, you?re certainly afforded that opportunity. Ok Uh, just try to keep this as casual as we can. 0k Understanding that we need to-be uh, thorough in our questions. Sure. February 8, 201? SM201 7-01 1'4 SMART Investigation Officer Yates (r a 2) oer. Fontenof Det. Fontenot: Officer Yates: Def. Fontenot: Of?cer Yates: Det. Fontenot: Officer Yates: Def. Fontem?z/ Uh, so, uh, you?ve been a Police officer for three years, can you tell me a little more about your overall experience? Yeah um, came to in I believe it was two thousand fourteen, January of two thousand fourteen urn, went to the police academy right as got hired, cause I came from out of state. Um went to the graduated from the police academy in i believe it was May of two thousand fourteen. Um, then went through the FTC process at Um, uh, was assigned to patrol, about a year after uh, I became a member of Northsound Metro SWAT um, and then uh this past year became afirearms instructor and Field Training Officer as well. So, your prior law enforcement experience as l, as was reading your statement here was in ldaho?? - That's correct. And uh, was that a certified police officer? It was, it was through the Department of Energy, so it was a security police officer position, so I was a federal con, contractor. Um, but they have an in?house academy that?s certified nationally, um, through an Albuquerque of?ce, uh, the headquarters of the Department of Energy. Um, and uh, yeah i was hired initially as a security police officer two. which is like line security basically, um, you know controlling all the access entry points to the nuclear facility,_and then uh, after i was there for about a year, I was able to try out for their, they have four full time SRT teams, SpeCial Response Teams, which basically equates to like what our SWAT teams are. Um, and went through a different academy - for that, um, and then was on SRT out there, um, through the duration of my career out there. And then ultimately decided I want to get on patrol, and take the training from out there, and put it to use. And came out to uh, February 8, 2017' 70 Officer Yates (1 2) Det. Fontenot: Of?cer Yates: 'Det. Fontenot: Of?cer Yates: Det. Fontenot: Officer Yates: Det'. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Def. Fontenn?/ 5 SMART lnvestiga tion SM2017-01 Def. For) tenet UK. And uh, as part of that training and experience, uh, with both in Idaho and, and uh, you?ve had hun, hundreds of hours of training overall? - ls. .. Yeah. Yeah. And that would include training related to uh, confrontations, firearms, . Yes. . . And you?re familiar with your policy and procedure manual within I Yes . And you understand what use of force isforce escalation and de-escalation and all that, those kinds of things, you have a full understanding of that? Yes. So tell me uh, let?s go back to the 30th of this month. 0k Uh, the reason that we're here. Um, tell me how your day started? Uh, it started at, my shift started at six o'clock in the morningroutine day, basically. I had had uh, _l was originally supposed to have a, a'Field Training Officer the day before, um, but he had sum hiccups in the academy, and so that didn't end up working out for uh, for himwife's birthday the day before, um, so I, i had ended up not expecting to have the day before off, but took it off because I didn't have a student. And uh, so my first two days of that three?day, work three on, three off, um, i was, I was off. So that was like my first and-my, my Monday and my Friday of that week. Um, so 1 came in, it was a routine day, got assigned a vehicle, um, started my shift, was put on fire watch. We had just had a commercial building fire in Urn, and sat out there with another officer February 8, 2017 Officer Yates (1 2) Oct. Fontenot: Officer Ya tes: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fonte-not: Officer Yates: Det. Fontenot: - Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot; Of?cer Yates: Det. Fontenot: Officer Yates: Dot. Fort tenq?/ 6 to SMART in vestigation 7-01 Det. Fontenot for several hours. Just as scene security while the ATF you know, conducted the fire investigation. Um, so, very, very routine day on . patrol. Very boring morning. Urn, up on, up until that point. Um, . - Did you feel fully rested? Yeah. Ok, so you were alert and awake? Yeah Uh were ready to respond to calls when you left there. According to your statement apparently you heard this call come out? I did. And you were wearing a full uniform? H. That 5 correct And that includes a badge and uh, evident markings that identify you as a police officer? Yes. Uh, and you were operating a vehicle that was equally marked? Yes Uh, that included emergency equipment? Yes - - Uh, including flashing lights, and all the various things that clearly identify that as a fully marked law enforcement vehicle? Yes. Ok. SO tell me about the dispatch that you heard? Uh, was sitting there, I had been relieved by uh, Officer George, at my tire watch position. Um, when heard this call come out. And so lwas sitting there still talking with Officer George just basically about the week since l?d missed the prior two days and um, heard a disturbance come out at, believe it?s, 1 believe the name'of the building is Western Fabric, at 19222 and Highway 99. Um, of the male that had gone in FebruaryB, 2017 7 SMART Investigation - Officer Yates (1 2) Def. Fontenot Det. .Fontenot: Officer Yates: Det. Fontenot'. Officer Yates: Def. Fontem?v there and started created a disturbance. Started yelling, urn, as the disturbance was being put out, and information was getting put out on the screen there was a bit of a delay of what comes up on the screen and what co mes out over the air. 1 Sure. Um, but i was watching my screen, cause 1, you know what what, is what was coming first. Um, and i could see that the situation was escalating and i heard that the call was dispatched to uh, one of our . female of?cers, and uh, one of our canine officers. Um, so initially that?s, 1, i heard the disturbance atWestern Fabric, and i heard the two other of?cers that were dispatched to it, and advised they were en route. And you said you heard it escalating? Tell me about that? Yeah um, so I could see it on the screen as well. Um, but i could see the CAD messages on the scr, on the screen, and then shortly thereafter dispatch advising um, that the male had begun yelling, um, and then started making references to uh, which i recognize to be a terrorist group. Urn, you know, specifically that causes terror, attacks innocent people, and things like that. So, i didn?t know what this individual that was creating the disturbance, who he was, what his background was, or anything like, but um, you know, based on training and things like that, uh, I recognize that to be not be a good thingknew the personnel going to the call. Um, so, u-h, i knew that you know, this had a potential to, it sounded like it was you know, it needing other of?cers. And I knew that also, where was at, was literally around the corner from where the disturbance was. Um, so i, ltold, once i could see it escalating, saw that, you know he?d made references to lSlS, urn, he had begun yelling and things like that. Urn, you know, advised dispatch, show me in route, as well. FebruaryS, 2017 70 ,a . SMARTinvestigafion SM2017-01 70 Officer Yates (1 8: 2) ?at. Fontenot' Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fonteno?/ So did you harken back to some training that you had uh, in your statement you talk about uh, lone wolf attacks. Yeah So that experience was part of your decision making process to uh, involve yourself, Yeah and oh, the, join the other two dispatched officers? That?s correCt. And that was because you felt like it was escalating to a point where the potential could be - Yeah. In, in too, we have the Alderwood Mali, we recently had two stabbings, but one of the stabbings came out uh, as an active shooter, and that's something that we train too. A lot anyways, and so um, you know it's something that?s always-in the back of your mind, especially with the different terrorist groups and things like that. And different things that you stay up to speed on, training wise, and just in the media in general. Um, and uh, you know is different types of - terrorist attacks and things like that, so, being, not being at this particular scene and just hearing about it, um, and then hearing referenced to a terrorist organization, or a terrorist group, I didn't know um, and so i knew that, you know, it didn?t sound good. And uh, you know, uh, more help is always helpful, as, and a dispatched officer to the call. And so I knew that there was a, you know, the particular female officer who was a newer officer, um, and then Of?cer Hubby, and I knew, I didn?t know where they were coming from. And I knew that I was right around the corner, so, you know, based on my training and hearing the stuff that was being put out, um, lfelt like you know, this had the potential to be something very bad. And urn, as a result wanted to go help. February 8, 2017 9 To SMART investigation - 8M2017-0 1 Officer Yates (1 ti: 2) Det. Fontenot Det. Fontenot: Of?cer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Def. Fonteng??z So when you say put out, being put out both on computer screen and radio? That?s correct. So you?re gathering that information and, and putting that in yoUr coda loop, so that you?re Yeah uh, making decisions based on the information that you're receiving? Yes, sir. Ok. Tell me What happened next? So i advised you know, show me en route, um, and i was on Scriber Lake Road at that time, um, facing north bound. So I drove to the intersection of Scriber and 196?? Street. Took a left going west bound on 196th. Um, it?s not very far after that. You go to 196th and the highway. Took a, and as i got to the intersection of 196th and the highway, i heard the female of?cer, Officer Poole, advise that she was on scene. Um, kind of waiting for traffic to clear so i could get on, turn north bound on the highway. Urn and uh, once I turned north bound on the highway, I was there pretty quick._ Um, and once i got on scene, I pulled into the middle turn lane by north and south bound lanes of traf?c, and I was looking at the Western Fabric Store, which was on my uh, west side. I didn?t see Officer Poole. Um, nor did see the described male subject. And he was described as wearing a uh, he had like a red backpack, and i think it Was like a camouflage jacket. White male, in his like twenties. Um, so i didn't see either one of them. Um, and l, I, you know was confused because i heard Officer Poole say she was on scene. 80 confirmed with her, are you, are you out with him somewhere, or um, and uh, as was looking around, i saw Officer Poole, she, you know I was simultaneously as she got on the February 8, 2017 - - - u-nu -. - -. . 1c 70 SMART investigation SM201 7-01 Officer Yates {1 2) Det. Fontenot Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: ?Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fonts-mfg? radio and said, no, I'm not with him. She passed me, going north bound on the highway. Urn, Where was your vehicle at that point? Same spot. 80 was still in the middle turn lanes, um, trying to just get oriented to where this guy was, where Officer Poole was. Um, you know and traffic at this point, in on Highwaylgg, is uh, I mean it?s thick. Especially at 1?936th and the highway. I mean it?s, there?s a lot of cars, so, um, a lot of stuff happening. North and south, and trying to figure out as I?m looking through traffic, where this guy is, where Officer Poole's at, um, and so'she passed me as I?m sitting in the middle turn lane. I I UK. And you?re stationary? Yeah; And you?d said that the traffic was heavy? Yes. I - Both north/south? Yup. So there?s four lanes of traffic there and a center turn lane, correct? Yes And you?re in the center turn lane? Yup . And there?s just traffic coming and going? Yup Pretty thick, ok? Yup. What do you remember happening next? I remember Officer Poole as she passed me, she like pulled several hundred feet further down, and then did the same thing I did, She pulled in the middle turn lanes, right in front of like the U-Haul building. February 3, 2017 Officer Yates (1 3.. 2) Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fonten qt?/ 11 70 SMART Investigation 7-01 Det. Fontenot Um, and as she pulled in front of the U?Haul building, I, saw the individual coming from the U?Haul building, recognized him right off. I mean he had the backpack, looked to be in his twenties. Coming from, and that time and distance of where the dispatch call was to when I got there, um, and seeing him, you know, I knew right away that was the guy. Um, and i saw him walking towards like Officer Poole?s car, and she was parked in the cen, center turn lane. So I started letting her know, hey, I, I see him. And he?s walking right towards you. So let?s talk about north, south, east, west? .80 we can orient it, and we have some pictures that we?re gonna go over. Ok When we complete this kind of portion of it. Ok So you?re facing which direction? North, north. North bound.? On Highway 99? Yup Center turn lane? Yup How far' Is Officer Poole ahead of you? Uh, it?s approximate, but I mean, a hundred, two hundred feet maybe. So I, was at, was right' In front of the business at like 19222 and Highway 99. She's right in front of U-Haul, which is like 19100 block._ It?s all right there? Yeah. And where do you initially see Same spot when l-arriyed on scene. 80 i, I?m in the center turn lane, and see him, um, at my, so it?d be northwest of me, coming from uh, the U?Haul building. So he came from, he came from, like he?d be February 8, 201? 12 70 Officer Yates 2) Det. Fontenot SMART Investigation farther west, he came from the west side of the Haul building, walking towards so walking east bound towards Highway 99. Urn, and that? when I first saw him Det. Fontenot: Ok. And did you advise the other officers? Officer Yates: Yeah, [told Officer Poole, said, hey I see him, and he?s, he's coming right towards you. And uh, that, dispatch showed that after, and this is all happening pretty quick, but dispatch was like, what unit sees him? And'everything like that. Det. Fontenot: mm (affirmative) Officer Yates: And while I was advising dispatch of who I was and where I saw him, and Poole, of where he?s at, um, that?s when he entered traffic. Um, kind of came south, southeast towards my patrol vehicle. And I can?t I remember if was scooting up in my patrol vehicle or if he just ran southeast in front of me, but he ultimately entered traffic, um, you know, and, and crossed like literally like right in front of my patrol vehicle. And uh, you know was looking at, looking at me. Det. Fontenot: So, when he entered traf?c, in your experience, how would you classify . that, was he no disre, noregard forthe traffic, or Officer Yates: None. No regard whatsoever. Just. Det. Fontenot: Didn?t appear to look, or anything like that? Officer Yates: ldon?tremember specificallyif he looked, orwhatnot, lmean obviously, he didn?t get hit, and this is a very busy time of day, um, but when he entered traffic, I mean, it was total disregard, you know, um, for other cars and things like that. And when he came, he came towards me and was trying to figure out what he was doing. Det. Fontenot: (affirmative) Officer Yates: Um, to, for, for me, and seeing people and crossing roads myself, and seeing other people cross roads and things like that, I thought it was I thought his behavror was very odd, even at that moment. I mean Det. Fontenaa?t?? February a 2017 .- 13 70 SMART Investigation SM2017-01 Officer Yates (1 a 2) I Bet. Fontenot Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Def. Fontenc? I especially given the dispatch call of the disturbance, making threats to, you towards or whatever it might be, and then all of a sudden this guy, um, you know, entering traffic, uh, especially right there in the road. Um, when, if he?d a gone just a little bit farther south, he'd have a crosswalk, um, you know. And if he was trying to avoid Us, he came basically right in front of my patrol car. Your fully marked patrol car? Yeah, yeah. Are your lights activated at this point? At this point, I don't, ldon?t think they are, um, know that when, uh, at this point, when he?, when he first crossed traffic, no, um, but at some point in time, when he was in front of me, it looked like he was getting ready to go out and cross again, and I could see in my right passenger uh, mirror, that traffic didn?t see him in front of my vehicle. So the traf?c was still going at 45 miles per hour. Um, and uh, so i was like this guy's gonna get hit or he's gonna cause somebody else to you know, have a collision, urn, so I activated when i saw him, basically, making the decision to go across, I activated my emergency lights. To at least slow traffic down behind. me, to kind of alert em to, there might be a hazard. How far in front of your vehicle was he, when he crossed in front of you? Um, not very, uh, he was, he was pretty close to me. And again, I couldn?t figure out what he was doingdon?t know. if i had, ifl had to guess, I would say, maybe 10 feet, probably closer. So your estimate is about 1C) feet to the front of your vehicle? Yeah, he was, he was close. And, can you hear him saying, verbalizing anything? No February 8, 2017 - 14 70 SMART In vestigafion 7-01 Officer Yates {1 8: 2) Def. Fontenot Det. Fontenot: Officer Yates: Det. Fontenot'. Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Def. Fontenw . Doesn?t appear to be talking? No, not thatl remember. is he making contact with you? it felt like he and I, like we looked at each other, and I felt like, um, I think I motioned for him to stop, and then once 1 saw him kind of like looking to go and commit, I remember uh, feeling like I motioned inside my vehicle for him to stop on the other stop on the other side of the highway when i knew that this guy?s gonna cross the other side the highway. Um, but you know that?s a, it?s, it's kind of foggy as far as, as far as uh, you know that part of it. Um, but because a lot was happening all at once, and was like this guy?s gonna get hit, or somebody else is gonna hit someone else trying to avoid hitting him. Um, so I'had my lights activated, and basically was trying to kind of clear a path for him, as he went across the, the highway. 0k. And your statement says that motioned with your hands and mouthed for him to stop? I believe so, um, again it?s foggy, cause all this is happening at once, but when he came over, um, in front of my car, and l, after i just saw him cross traffic, um, you know without, obviously, using a crosswalk, and really no regard for traffic whatsoever, um, viras trying to figure out what the heck was going on. And so it?s my recollection that you know, I'm like telling him, stop, stop, you know and then saw him kind of going and you know he?s kind of looking back, and uh, stuff like that. And i saw him getting ready to cross, and I think that?s when was like you know, motioning, like pointing towards the em, like the sidewalk in front of like the Costco entrance to that parking lot. him to like, stop over there, and then he just took off. So this, this direction for him for him to stop, would you classify that as a community caretaking function, or a criminal investigation? February 3, 2017' ?15 70 SMART Investigation 0 E) A SM2017-01 Officer Yates 1' 8: 2) Det. Fontenot Officer Yates: Det. Fontenot: Officer Yates: Det. Fonfenqgr Um, more at this point honestly, probably community caretaking, just because I didn?t know what, I didn?t know what his issue was. I was still trying to figure it out. Urn, and uh, you know, obviously, did i have violations thatl could have you know, stopped him for? Yes. Um, but at this point i was just trying to figure out what the heck was going on. was trying to piece together the call Um, and what he was doing. Um, so when he crossed, you know advised dispatch and um, you know, said he, he 3 running from me, don?t close the air Let me just figure out whats going on here. And if the guy is just crazy or whatever it is, cause when he crossed, and he?s in the Costco parking lot, he continued running away from me. And so lwas like, in my mind, 1 was like, if he wants to just run through the parking lot, and if nothing, like you know, we'll get all that information as we go here, and if nothing you know, if no crime has taken place at this other place, um, you know, no cars at this point had collided or anything like that, so, if he just wants to run through the parking lot, was gonna just let him run. Um, and uh, you know, call it. Um, so when we, when-he crossed, and entered that Costco parking lot, I ended deactivating my lights, as I?m trying to figure out what's going on. And at that point he was in a, in a parking lot, he was out of traffic, urn, so I was just trying to figure out what was what. 0k. And you followed him through the parking lot, more or less? Yeah, so I was, it was slow, as I was putting out this information, turning off my lights, um, trying to figure out again, piecing all the call together, urn, you know,'but as he entered that parking lot and he took off, and was advising he is running from me, um, and you know, elected to turn my lights off, um, he, immediately when he got in the parking lot, took off his backpack. And uh, put it in the front, and as he's running and kind of looking back, he?s digging into his backpack. February 8, 2017 16 70 SMART investiga tion - 7-01 Of?cer Yates {1 2) ?at. Fontenot Det. Fo ntenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Def. FontenW And all I remember, uh, and told uh, people on scene and uh, you know, check that Costco parking lot because, I can't remember if he had little baggies of like white stuff that were like coming out. Uh, as he?s reaching in, or not. Um, but he was digging into his backpack, i didn?t know what he was grabbing for, and as l'm, as l?m you know, watching, putting information out, I heard Officer Hubby you know, advise he was in the area and then ask where he was at. And then right as Officer Hubby asked where he was at, urn, he dipped into, he turned west bound, dipped in between um, two parked cars there in the parking lot. And I remember thinking in my mind, I don?t know what this guy?s deal is, um, and I don?t want him to reach in for a gun, and turn around and start shooting at me. Urn, in the parking lot. 80 was trying to, was kind of creeping Up, was trying to get an on him, but also wanted to be in you know, a good reactionary distance, if he did reach in and arm himself. Um, and uh, you know at that point, that?s when uh, Officer Hubby asked me is he going back into traffic. And as was creeping up, I could see him pass the cars, and he looked like he was looking south bound on the highway, um, fortraffic, and he asked, Officer Hubby asked me, is he going back in traf?c? And like right at that moment, he went into traffic again. Um, and Officer Hubby is like I, I see him. I And want to just go back, and I appreciate that, Yeah Cause now I have a better understanding of where things are. Um, so he?s run from you, in front of your vehicle? Right. He's into this parking lot? Yup February 8, 2017 Officer IYates 2) Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenoff? 1? SMART Investigation SM2017-01 Def. Fontenot So you decided the best course of action at this point is to de-escalate everything and just kind of see how it plays out? YUD. And he?s running through the lot, and you said he took his backpack off? Yup And he?s digging in it? . .Yup Normally we would write that down, on our police report if we were writing that down. Yeah But, what i want you to do, is i want you to try to tell me what you were, based on your training, your experience, the totality of the circumstances, and we all understand, we?ve all been in law enforcement, uh, that this is happening right now. Yup Based on those actions, how would you describe his actions of going into this parking, into his backpack as he?s running from you? As he?s entered-traffic, as you?ye had this minor interaction, you?ve got this information about the disturbance, how is that making you feel about k? I Sure We don't normally convey our feelings, Yeah but i want to hearfrom you, because i need to know what you?re perception was. Yeah, yeah. i think probably the best way to put it, was alarmed. Um, you know, all of my training, all of my eXperience is to watch peopie?s hands. You know, I?ve always been taught, hands are what? kill you. February 8, 2017 70 rte-.- SMART investigation SM2017-01 Officer Yates {1 8. 2) Det. Fonten-ot Det. Fontenot: Officer Yates: Det. Fontenot'. Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fonten?? And uh, you know, so anytime we do any kind of dynamic room clearing or anything like that, it?s the hands you gotta look at, not the face. And uh, so as he?s taking off his backpack, and I can?t see his hands, and he's reaching in there, yeah, I know backpacks can hold Weapons, I know backpacks can hold bombs, uh, you know, whatever . he?s reaching into that backpack, lfelt, lfelt alarmed. Which is why I started to kind of like slow my roll as was I going through the parking lot, trying to put out information, because I could see him digging in his backpack, and I didn't know what the heck he was digging for. Urn, and then when he kind of hid himself behind the two cars, that really alarmed me. Urn, and that?s why I didn't want to, I didn't want to, you know, run up and get shot. I didn?t want to run up and get hurt. Um, so as [was kind of approaching him, you know after I, after I?d seen him digging in his backpack, I knew that was bad. And uh, was trying to look for different avenues, like what are my options if, if he does turn around and start shooting. Urn, you know and, and I didn?t, I didn't have those answers, um, and fortunately for me, he ended up going between two cars and then continuing west bound at that point. Um, if he'd a turned around in the parking lot, you know, you know, after he digged in his backpack, and arm himself, you know, i would have been in a predicament. 80 about what time of day is this? This is approximately 9:30, 10:00 in the morning. is the Costco business open? Yeah, uh, yes. Is the lot active? Yeah, it was packed. So there was other uninvolved citizens at the time? Yup, yup. . February 8, 2017 . no. 'A-Tlrr.? vrnr?w .1 v?Il?unnrr?. Officer Yates (1 2) Def. Fontenot; Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Det. Portions/13% 19 :0 SMART Investigation 5M2017-01 Def. Fontenot So those are also your concerns? Yup. And that' s, that?s what also, another reason why when was in the parking lot, I don? want to alarm people have people stopping in traffic as'a result of my lights being on and things like that. want to try and keep this as fluid as possible. Um, until 1 figure out what the heck is going on. Um, which was part of my conscious decision making to deactivate my lights. Sure. So then he enters traffic again? Yup And another decision is made? Yeah um, when he entered traffic, again, Officer Hubby got on the scene. um, and I ll I?ll say this too, about Of?cer Hubby, he?s a seasoned officer, he?s experienced a l',ot have a lot of respect for him, he? 3 good, great decision makerltake what he says, you know, very seriously. Um, l?ve been on calls with him and and uh, he? an awesome officer. Um, so uh, when Officer Hubby saw him, he's like ok, I see him, and he says, let?s go ahead and, and detain him, cause he saw him again run out into traffic, without a crosswalk, you know, in the middle of ten O'clock in the morning in on Highway 99. Uh, impeding traffic and stuff. Um, Officer Hubby advised me let? detain him. Ok. And so when you hear that, what does that mean to you, what does that mean as a Police officer when someone says, another of?cer that you have experience with, I Yeah says let's detain him. What does that mean to you? Let?s, let?s stop him, um, yeah, let?s stop him. And in your mind, at that point, uh, [at stop him by any means necessary? February 8, 2017' Officer Yates (1 8: 2) Def. Fontenot Officer Yates: Det. Fontenot: Of?cer Yates: Det. Fontenot: Officer Yates: ?Det. Fontenot: Of?cer Yates: Def. - know so, when he said let?s detain him, I?m thinking you know, let?s at 5 20 70 SMART Investigation swan-01 Rea, no, reasonable, within reasonable means, I mean, um, and you 5 least if he?s gonna run away like that, let?s, let?s at least make sure that we're all safe, him included, and how we can do that is you know a part i of you know, detention or apprehension, is that you know, we can get them to stop, we can sit them down, if we don?t feel like they will go with the program, then you know, we do have restraints, and handcuffs and things like that and we can at least handouff somebody. We advise them, you know, they come off just as fast as they go on. What is going on? Um, you know, what was the issue at the store, why are you running in and out of traffic? Urn, but ultimately we?re trying to get him to stop so that way we can ?gure out what the best course of action is. Maybe this person needs help. Um, so when he said let's - detain him, you know, my, my goal was, you know, or my thought process was we?re just gonna stop him. And then we?re gonna figure out, put the pieces of the puzzle together then. So you?re gonna freeze the scene, basically. . Yeah, yeah. And figure out what happens next? Correct Ok. Did you advise Of?cer Hubby and Officer Pools of anything of, or your concerns about the individual? Yeah, I even remember feeling, when I did it, I even remember feeling foolish, because again Of?cer Hubby?s a, he has more time on as an officer than I do, and he?s very savvy officer, um, but I remember putting out over the radio, hey, he was digging in his backpack, and i don?t know if he armed himself with a weapon or not. Something in my gut wasjust telling me that, the way that everything was unfolding, and things like that, and then his movements and his actions, very, uh, not February 8, 2017 21 70 SMART Investigation 8M2017-01 Officer Yates (1 2) Def. Fontenot Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontems??}r normal. Urn, and I remember putting out over the radio, I don?t know if he?s armed himself, so watch his hands. 80 did you agree with Officer?s Hubby, uh, excuse me, did you agree with Officer Hubby?s decision in the process to detain him? Yes. Ok. So you took actions to accomplish that? Yes. Ok. Tell me what happened next? So advised, cause at that point he had already entered traffic, and was gonna, how it, how the parking lot is at Costco, it kind of loops you around to the right from where was and then have to loop back again to the left. sons had entered traffic, I put out over the radio, hey, he?d been digging in his backpack, watch his hands, um, and then as I entered traffic, 1 could hear the radio traf?c, and could kind of see him all the way across the highway on the left side. And Officer Poole and . Officer Hubby looked like they were driving um, up the south bound lanes of Highway 99. Trying to detain him. And i heard Officer Hubby tell Officer Poole, hey, you know Officer Poole, grab him right here. And uh, so, and knew from being on different calls and things like that this guy, on foot, especially In this kind of traffic he' ll avoid us all day long if we stay In our vehicle. Urn, you know he can take angles we can take, and it's too risky for our vehicles to tum around too slow. So I knew the fastest way to get him um, detained and stopped, was to you know, run him down on foot. 80 you felt like contacting him on foot was best courses of action to keep everyone save including the individual? Yup, including the individual. All traffic. Uh, other officers, and things like that just because you know we, we had entered traffic multiple times now, um, and traffic Is, is incredibly heavy at that point' In time. February's, 2017 22 70 SMART investigation SMZO 1 7-0 1 Officer Yates (1 8. 2) Def. Fontenot . Um, so knew, we need to stop this as soon as possible. But the fastest way to do that and the most efficient way to do that would be on foot. Det. Fontenot: And your statement says, uh, you dismounted at your patrol vehicle. I would like you to explain to me how it is that you dismounted your patrol vehicle? I . Officer Yates: I got out of my patrol vehicle. Uh, so I opened my door, stepped out of my patrol vehicle, and then um, started to run west bound, kind of northwest across the highway. Det. Fontenot: Where was your vehicle parked? Of?cer Yates: So, after i had reentered the highway, um, from Costco, lwas facing west bound, basically blocking all of north bound traffic on Highway 99 from that parking lot. 80, with my emergency lights, cause-l had reactivated my lights when l' reentered the highway. With my emergency lights activated, um, I, had uh, stopped, basically, facing that way, and then I could see him coming, um, up and so that?s when I decided I?m, you know, try to get a angle on him and um, head him off at the path. Det. Fontenot: So when you departed from your vehicle, um, were you blocking traffic? Officer Yates: Yeah Det. Fontenot: Why were you blocking traf?c? Officer Yates: Um, ulti, ultimately I didn?t want, I didn?t want more, I wanted everybody to be alert of what was happening. I wanted traffic to slow, and um, - you know, and so that was a, that was a key decision 'in it, and also I felt like at that moment in time I had a good angie from where was at, and I needed to, needed to be out of my vehicle tocome, to bring this thing to a halt as quickly as possible. Det. Fontenot: 0k, and again it's happening quickly? Def. Fontenq/Q' February 8, 2017 Officer Yates (1 2) Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fonte not: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fonten?a? 23 7" SMART in vestigation SMZO 1' 7-01 Det. Fontenot Very quickly. This is unfolding within seconds? YUP. YUP- What do you remember I re, as far as your Senses go and what you perceived and what you saw, and what you heard? What do remember happening next? I remember urn, remember just seeing kind of flashes of, of him as he kind of serpen, er, running on uh, the west side of the highway going north bound Um, I remember hearing Officer Hubby tell Officer Poole hey grab him right here, grab him right here. Um, she didn?t um, and uh, he continued north bound And so I remember seeing Officer Hubbys car uh, kind of tracking uh, as l? coming acIoss the highway. 80 I, my senses too, is was thinking to myself, don?t you get hit. Um, so I?m, I'm trying to watch traffic and then keep my eyes on what?s happening where the subject is at. 80 Officer Poole and Officer Hubby, if understand you correctly, are going against traffic? Yeah In the, they?re going north bound in the south bound lanes? Right I I on the far West side? Yup Of Highway 99? Yeah. And they?re moving still, basically tracking you said, Yeah the subject as he is running, Run February 8, 2017 . .I.. - - . Officer Yates (1 a 2) oer. Fontenot Det. Fontenot: Officer Yates: Det. Fo ntenot: Of?cer Yates: Det. Fontenot: Officer Yates: Def. Fonten?/ I 24 70 SMART Investigation walking? No he?s running. He wa, he was running from the time he came across my vehicle, when he ran across the highway, he ran north bound through the parking let, be was running that whole time. He slowedslowed between the two vehicles before he reentered traffic, and then . i he ran across again, and then was running north bound again. '1 .. Did you hear any other or perceive any other radio traffic priorto making contact with the subject? i believe it?,s it?s foggy, um, but as as Officer Hubby was coming up, um, i wanted to make sure Officer Hubby saw me too, on foot, um, and as he was coming up, I remember putting my hand out for him to like slow down so he doesn?t hit me, and as, as that was happening, you know i didn?t have a view of him, and then quickly the guy came into my view. Um, i believe i heard you know, in my ear, you know, he has a knife. Um, but ljust remember when I first saw the individual, urn, come into view from Officer Hubby?s car, i you know, was in, was in a spr, run myself. Um, and lwas closing in on him. remember seeing um, he had a fixed blade knife'in his right hand. And i remember closing the distance on him and then in my brain, trying to process like, that could kill me. Urn, and uh, lknewthatlwas, Iwas in abad way, as close as i was to him, as l? closing the distance on him, and trying to decide do i just go for it, do i tackle him, do i create space between us, um, you know, what do i do. And he stayed running as I?m, as l?m kind of closing the distance on him. 4 Ok. YOU said you believe you heard radio traffic. Have-you had an 1 opportunity to hear any of the radio traf?c? i have. i heard uh, I heard radio traffic um, the next day i believe it was or maybe laterthat day, ofjust uh, just a snippet of, of that traffic. Um, yeah. February 3, 2017 Officer Yates (1 a 2) Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates:- Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fcntenot?. Officer Yates: Def. Fontenot: Officer Yates: Det. Fontenot'. Def. Fontene?l/ 25 70 Det. Fonts-not SMART investigation 3M201 7-01 Ok. So, the obvious question is, is it your independent recollection, or a recollection that you received later? I understand you have an earpiece? Yeah And understand that Yeah as things are Sometimes you get snippets of it Sometimes you can hear stuff, Yeah and sometimes you hear little bits and pieces, and sometimes your brain takes what it needs, and leave off other things. Yeah. You independently rec, remember hearing and from whom, I, I will say this, 1 know I was hearing stuff in my ear and things like that for the sake of just totally transparency, um, my focus once saw him come into view, my, my whole focus became the knife. Understandablybelieve I did but, urn, for the sake of, of you So is it safe to say that in between your own independent recollection Yeah I . and having reviewed or heard some of the dispatch tape, Yeah That it's an accurate, that you rememberthere being a knife in play and then suddenly, within Hundred percent within a split second you're seeing the individual with in fact Hundred percent. Is that your statement? February 8, 2017' - .- QRIEINAL a SMART Investigation 7-01 Officer Yates a. 2) Def. Fontenof Officer Yates: Yes. Det. Fontenot?. And you said it was in which hand? Officer Yates: Right hand. Det. Fontenot: Ok. Officer Yates: Um, Det. Fontenot: Det. Fo ntenot: Det. Fontenot: Officer Yates: Det. Fontenot: Of?cer Yates: Det. Fontenot: Officer Yates: Def. Fonteng/ And you?re raising your hand, So, yeah, so he had, when 1, when I ?rst saw him as I?m closing the distance on him you know he had it up, and he looked urn, you know his posture was you know one of um, like you know one of, one of the like I m, m, I going to protect myself, and l? arming myself, urn, one of like fighting if you will. Urn, and as he? 3 running, um, as l? getting closer, uh, and l, you know like I said, I became fixated on the blade and stuff like that, but it was like he was like he was like moving the knife um, you know,like almost as like a, a, you know, a warning like, I'm gonna stab you uh, if you, you know, get any closer, type thing. And as was processing as I'm watching the knife and things like that, that?s when I decided, l?m not gonna get any closer, um, you know, I need to put some space between he and l. Ok. So when you're motioning and we don?t have, we don?t have video today, but - Yeah when you?re motioning, you?re motioning uh, arms moving. Yeah. But he?s not running at this point? I Well he, he, he was. Um, so, so, he was running, and I mean, again, ends? this happened within like a split second, as he's, as he's running, you know, he?s kind of faced if, if a Derek is me, he?s kind of faced and he?s like, you know, motioning like this, and that's when I decided l? not gonna, l' not gonna chase him any farther, uh, this February 8, 2017 SMART Investigation 0 Yates (1 2) Det. Fontenot: Officer Yates: Det. Fo ntenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenetg? way Cause I closed the distance 27 GHQ AL Det. Fontenot [was very close. Um, started to kind of put some space. And that when he stopped. Um, and uh, you know, didn?t continue north bound. Didn?t go any other directions. Squared up towards, towards me. And uh, you know, he squared up towards me with the knife and was like man in a bad way right here, um, So your perception, based on your training experience, was he was indicating some sort of physical movements that caused you concern? Oh, yes. To, concerned me tremendously, um, yeah. So let?s, let?s slow this down just a little, because this is the part where 0k. 0k. - Where is Officer Hubby at this po .11 we want to just make sure Where everybody?s at. int? So, at this point, he would be behind me Um, causel, I had crossed in front of his car and right as I crossed tn front of his car, he had uh, he had continued, uh, the subject had continued, you know, north bound as and I?m trying to get the angle on him, and as I?m getting -,close and lm seeing the knife, um, you know, he had, he had continued basically passed me if you will, and uh, you know, and then that?s when was like, no, l',m I'm in trouble And uh, so I started to you know, back up and you know, Officer Hubby would have been to my, yeah south of me, behind me. Ok. And Officer Poole?s behind him somewhere? Yeah. I remember once i saw Officer Hubby?s vehicle 1 don?t know where Officer Poole went after th point in my interaction, um, witht at. Urn, you know, at least at this his individual. I just remember seeing Officer Hubby's vehicle, tell him to slow down, so he wouldn?t hit me. And then the guy ended up coming into view. And I immediately, immediately saw the knife. February 8, 2017 70 Officer Yates (1 8: 2) Det. Fo ntenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Def. Fen teneg gnaw. 28 . 70 SMART Investigation Det. Fontenot So when you, you said, you said a couple of things, but I, I'm, 1 want to make sure I understand exactly how you were feeling at that moment, Yeah because you're the only one that can tell us, Yeah your perception. Yeah Uh, we can make a lot of assumptions and we don't want to make any assumptions. Ok We want to know what you felt. Ok Uh, and that's the most important thing, so frame by frame, he comes into View, he?s in front, he?s got this knife, he?s making these movements: We understand it?s happening rapid fire, it?s going, going, going, going fast. .Yeah What did you believe you were confronted with at that moment? lh, um, I believe?l was confronted with an individual that you know, was, had the potential and the means, and didn?t know where his thought process was, that could kill me, Urn, and uh, remember it was like you kind of have an aha moment of like, all your training and things like that that?s pounded into you through all the different courses and things like that, um, are talked about you know, being through that pers, people with edged weapons can cover a significant distance very quickly before you?re able to draw and get an accurate round on target. I knew that was well within that distance, and I remember feeling like that kind of had like that uh, feeling of like, my god, I?m, I?m here. Like this is uh, this is happening. And uh, that was a scary feeling for me. February 3, 2017 . hr: 29 SMART Investigation - Officer Yates (1 8" 2) Def. Fontenot Det. Fontenot'. Officer Yates: Det. Fontenot: Of?cer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: . Officer Yates: Det. Fontenot: Def. Fonfem?f Um, and I knew that li?,ke I needed to staIt making some decisions that were gonna, you know, save me. Urn, otheIwise you know, lm in trouble. And uh, I remember feeling that sense of like, too close to this individual, and in trouble. How close were you? I don't remember specifically, uh, because ones I, once I came close, as I?m running up to him, lwould, I would guestimate that I was probably within one to three feet at, at my closest to him. Um, as I?m running up and then as l? making the decision,l like, uh, I need to create space, um, I don?t remember how far, what that distance was, uh, cause I had a lot, obviously, going through my mind at that point. And I was fixated on that blade. I knew that that what was you know, could kill me. Cause your training told you to watch his hands. Hundred percent. I Ok. You and are about three feet apart. Yeah Would you say that a reasonably accurate estimation? Yeah, I, yeah, I mean, yeah, I would say, yeah I mean especially with our angles and stuff, I, I may have even been closer running up, you know, but probably, probably this is a good I distance here. And then um, as we kind of, as I stopped and he kind of squaIed off and he stopped. And squared up to me, urn, you know, that?s when I, you know, knew that I needed to, I needed to go backwards and create uh, distance. I, also, you know, going backwards for me I would be going into the south bound traffic. Um, on the highway. Um, I knew it was a predicament to be in but, better to be into traffic. I So you were in between a rock and hard spot? February 8, 2017 - Officer Yates (1 2) Officer Yates: 'Det. Fontenot: Officer Yates: Det. Fontenot'. Officer Yates: Def. F0 ntenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: . Det. Fontenot: Officer Yates: Det. Fontenot: Def. Footer: galell?ikL 30 7o SMART Investigation 7-01 Def. Fontenot . Yup I mean, you back up, you?re going into traffic, you go forward, you?re, you're heading into, i Yup i an unknown, with an armed individual. Yeah Can you describe the knife for me? Yeah, it was a fixed blade, at ?xed blade knife. Um, looked almost like a, like the blade on it looked like a dagger. if i had my SOG knife, which i don?t?, urn, looked, looked kind of like that. But i mean it was a, I would say the blade was probably you know, four inches or so. Um, maybe bigger. Um, a silver blade, um, and then it looked like, Saw it obviously after urn, you the situations unfolded, and I saw it on the ground. Uh, it looked like it like paracord or something wrapped around the handle of it. With like a tail. But you clearly were able to see the blade when you first made that contact? I Hundred percent, and that?s what, that?s what uh; that?s what drew my, you know, attention to it, was because it was a silver shiny blade. In your career, have you ever been confronted in the same situation? No. I?ve dealt with people with kniyes before, but never, never like this. Have you been through training scenarios in which you were confronted by actors or participants uh, that had edged weapons? Yeah So in your experience and training uh, edged weapons are Deadly Deadly. Con, possibly lethal? Absolutely Ok. So when you make this first contact, he squares off? February 8, 2017 Officer Yates 8. 2) Officer Yates: Det. Fontenot: Of?cer Yates: Det. Fo ntenot: Of?cer Yates: Det. Fontenot'. Officer Yates: Det. FOntenot: Of?cer Yates: Det. Fo ntenot: Of?cer Yates: Det. nte not: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Det. Fonteng? 31 70 SMART Investigation I 811.4201 7-01 Bet. Fontenot Yeah Are you guys making contact? I don't, 1 dont remember making contact with him because i remember my focus was on the blade. Ok. Do you remember him saying anything? i don?t remember him saying anything. Do you remember saying anything? As, as I?m creating distance and things like that, it?s my recollection that you know, all kind of simultaneously is I?m like drawn out and trying to create space. Um, you know, that we're giving him commands to drop the knife, drop the knife. Ok. You recall saying that exactly? Yeah, it's foggy, but i remember yelling um, you know, at the individual, uh, you know, drop the knife. Ok. More than once? Oh, yeah. UK And as you?re simultan, you motioned to your right side, so you're right handed? - Yeah, yes sir. So you?re firearm was kept on the duty belt? Yes, sir. it?s an issued firearm? Yes Uh, do you know what kind of firearm it is? i do. it?s a Sig Sauer P320, so a striker fired 40 caliber. And you?re familiar with that weapon, i mean your training experience goes back a ways, Sure but you?re familiar with that weapon? February 3, 2017 Officer Yates (1 2) Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Of?cer Yates: Det. Fontenot: Of?cer Yates: Det. Fontenot: . Officer Yates: Det. Fontenot: Officer Ya tes: Det. Fontenot: Officer Yates: Det. Fonteng? 32 SMART Investigation 7~01 Det. Fontenot Yes How it operates? Yes How do you normally uh, carry it? And when I say that, mean it?s in a holster obviously, on your duty belt. But do you normally have one in the' chamber? Do you normally know your round count??I Can you explain that to me? Yeah. So l, have three magazines on my duty belt. All of them are topped off. It holds fourteen in a magazine. Um, and then I have one in the gun. also holds fourteen, and then I have one in the chamber. 80 a total of fifteen rounds in the gun. And then three magazines of . the fourteen. So in that dynamic, moment drew from the right side? mm (affirmative) And as your, I think you said backing up? Yeah Are you, and taking steps backwards? Or are you retreating? It's, in my mind I?m retreating quicker, um, but I, I know that things can be distorted and this moment, you know, I remember uh, and I?ll probably get to it, but you know having a little bit of the auditory exclusion when ultimately fired and stuff. But so, it?s, it?s my recollection that you know, I recognized the threat and I?m like, I need to get the heck out of here. Uh, and so I would imagine that I?m backing up quick. So you?re processing of all this information,_uh, and you?ve explained a great deal of information to process, Yeah you made the decision to draw your firearm, Yeah February 8, 2017 . 11 .. .. . a. urn 33 To SMART Investigation SM2017-01 Of?cer Yates (1 8. 2) . Def. Fontenot Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: OfficerYates: Det. Fontenot: Def. Fonteng?? Um, and where is that as far as your concerned, on the continue of force? I Um, as,-as far as, i guess, I, I knew at this point that l, I was faced with a lethal threat, um, and uh, and so that?s why, you know, it wouldn?t be reasonable for me to you know, respond with anything you know, less than basically, urn, because you know, the potential of liability for me at that pomt would be too too great. So does yourtraining, uh can you, and, and really quickly, briefly, Sure _does your training uh, you meet force with the same amount of force? or a different measure of force? 85, same, and, and ultimately that you know, that is dictated to us by basically what the individual is doing. So, um, like when he ?rst crossed the highway, although he's creating a disturbance where he could cause a collision that ultimately could kill somebody, um, what, wasn't reasonable for obviously at that point to you know, draw out and shoot him in the middle of you know, traffic. Urn, when there was not weapon present or- anything like that. Um, is it reasonable to you know, tackle him, um, so that you know he doesn?t cause a collision. where somebody could ended up dying, yes. Um, but uh, so at that point' In time when recognized this' Is a lethal threat, l' very close to it. 1 within you know, distance of getting killed by it, or seriously hurt by it, um, his action obviously being very erratic, um, statement about the you know, terrorist group and things like that, um, I knew that was in a bit of conundrum. Um, and I knew that at this point in time, this was serious, and it needed to be, I need to respond seriously and, and uh, lethal force was, you know, the option that was a no brainer for me. So, given the circumstances one on one with the person with the knife, what did you believe was the potential? February 3, 2017 . :?zrbL?qu?ll??i #:3213305? Lea Officer Yates (1 2) Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Of?cer Yates: Det. Fontenot: Officer Yates: Det. Fo ntenot: Officer Yates: Det. Fontenot: Det. Fontemig 34 70 SMART investigation Det. Fontenot Death. For who? Me. And You believed that this had risen to that level, Yeah in which the potential was that you could be seriously injured or killed? Yes. Uh, by this individual, with the knife? Yes. And that wentinto your decision making process to draw your ?rearm? So you draw your ?rearm, backing up, tell me what happens then? Backing up, um, and We?re giving verbal commands, um, and I remember, I remember, you know, this guy wasn't complying, uh, with our, with our commands. Um, and things like that. And then ultimately it's my recollection in the sequence of events and things like that especially is, you know, I had to make decision to engage are foggy. Um, but I remember him ultimately making a decision-to start moving towards me. Urn, and recognized uh, you know, especially with, like I said, how uh, unpredictable this individual was and things like that, the tact that he was armed with a deadly threat, um, and then his movement towards me, I knew that, you know, needed to, I needed to make a decision. I needed to respond. And uh, so as he moved towards me, um, that?s when tired. Describe that movement towards you. Where is, where is his hands. Sometimes it?s helpful for me if I close my eyes and just-kind of see it for a minute. Where is his hands? What?s he, is he, I mean is his head down? is he running towards you? Descr, describe, and I understand there?s gonna be some auditory, Februarys, 2017 35 70 8M2017-01 Officer Yates {1 8. 2) Def. Fontenot Officer Yates: Yeah Det. Fontenot: there?s gonna be some tunnel vision, Officer Yates: Yeah Det. Fontenot: there's gonna be those kinds of things, Of?cer Yates: Yeah Det. Fontenot: so it may be a little distorted but, describe to me that moment in which you decided to .. Officer Yates: Fire. Det. Fontenot: Is your weapon? I Officer Yates: It Is, is my recollection and um, going back to what you said it is a hundred percent Just that, is that when he started coming towards me and, in his the knife was you know, he had, he had a firm grip on the knife urn, you know and probably you know at torso level with the knife. Um, and as he started moving towards me, thats when i made the decision like, eh,_this needs to happen now. Um, because in my training experience, I know that uh, action is always faster than I reaction. And I was having to Ieact to what he was doing. And so i knew, I already behind the power curve, I already behind the eight ball, and so um, thats when i made the conscious decision like, this needs to happen. And I remember seeing the top of my slide on my firearm, um, when fired And uh, so i remember as my, my sight picture basically was coming into View and l? looking at the hp of my slide, that? when his movement was, my shift, consciously was from him to you know, the fundamentals of shooting, so that way I coold make an accurate hit 80 that, that?s what re, remember. Det. Fontenot: Ok. Do you Iemember seeing anybody behind him? Officer Yates: Later' In the engagement, yes. Um, at the particularmomentin time, i knew there was businesses, um, behind him, and i knew that, you know, this entire engagement was obviously risky, given the time of Der. Fonten?b February a 2017 . . maman; Officer Yates (1 2) Det. Fo nte not: Officer Yates: Det. .Fontenot: Officer Yates: Det. Fontenot: Of?cer Yates: Det. Fontenot: Of?cer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fonte not: Officer Yates: Det. Fontenot: Of?cer Yates: Det. Fontenot: Of?cer Yates: Det. Fontenot: Of?cer Yates: 'Det. Fontertai/ calcium. 3M2017-01 36 70 SMART In vestfgatfon Def. Fontenot day. How many people were out. Businesses actively open. Um, and uh, and that is my backdrop. Urn, .So in you perception you had no alternative? Right. . And the force you used was necessary? Absolutely. . Do you know what that means? Necessary? mm (affirmative) Yeah, no reasonably effective alternative to the amount used was available. The amount of force used was reasonable to effect uh, the lawful purpose intended. i can see that hasn?t changed from the academy, from years and years ago. No. Because I can recite the same thing. Yeah But it?s a, it's a powerful statement. It Is. Because if you look at and break it down word by word, piece by piece, what you just described in your mind in your perception us not being there, Right was absolutely necessary? Absolutely. And you felt you had no alternative? . Correct. And you were in 'allawful place? Yup February 3, 2017' SMART investigation SM2017-01 37 Officer Yates (1 2) Def. Fontenot Det. Fontenot: Officer Yates: Det. Fonte not: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fo ntenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Def. Fonten?/ And a lawful time? Yup And you were in fear of your life? Absolutely Ok. So you discharged your weapon? Yup. How many times? I discharged my weapon, I remember one time. And I remember when I, when I shot, and-then they tell you this in training, you know, don't expect them to just fall after you shoot. And I remember when tired, for, whatever reason expected him to fall. And uh, when he didn't fall, I remember being like, my god, uh, like I just fired at this guy, 1 shot, like and then remember thinking myself, and this is all happening very quickly, Of course. But I remember thinking to myself, like, my god, did 1 miss? Uh, and uh, you know, and, and, um, so, when I fired and he didn?t fall, and he continued, uh, to come towards me, I remember thinking like, need to get a better sight picture, and i need to make an accurate hit. Um, and uh, you know I remember reassessing, it you will, um, and then uh, firing again. And why did you fire the second time? Cause my first shot didn?t have the intended purpose that was trying to, you know, go for, and that was to get him to stop. Um, so that?s when l, Ifired again. I Do you recall him having any reaction at all? On the first one? No. Um no. Um, and the, the second one, and it? s, again it?s foggy, I think my second shot hit him in the, like the left uh, chest area, or shoulder maybe? Um, and thinkl remember seeing a February 8, 2017 70 ?1 'i . Officer Yates (1 8: 2) Det. Fontenot: Officer Yates: Det. Fo ntenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Of?cer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fentenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Footer?rye} 33 7" SMART Investigation SM201 7-01 Det. Fontenot little bit of movement in that. But even that, um, didn't stop him, he continued. Um, And, are you firing one shot at a time? Yeah. Urn, for, for the most part throughout this engagement, it was one shot, and assess, one shot, and assess. Giving commands, and things like that, you know, intermittently. So, when you say one shot, assess, one shot assess, its not like you?re-sitting down, reading a newspaper? Right This is, l_ images. this is rapid, this is happening right away. I was I How long would you say from the time you made that ?rst contact, knife? Yeah, He?s advancing? Yeah You're backing, you?re drawing, you?re firing? How, what, how long do you feel like that was? Ooh, um, I, I don?t know for, for certain, but it on, it was quick. I mean, l, I guess uh, probably, probably within, probably less than ten seconds. Urn, but mean, may, maybe quicker. I, i mean it happened, happened pretty quick. - And time is understandably, Yeah, yeah a little skewed. Yeah, yeah February 3, .2017 H'n-wnz-u-urt-sa: .1 --. Officer Yates (1 2) Def. Fontenot' Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fonten?r - he 5 coming, either he 3 coming at me again or at some point' In time 39 7o SMART Investigation SMZM 7-01 that's understandable. But itwasn't, it wasn?t like you had a great deal Of time? - No. You?re training kicks in, and you start to make these decisions? Yeah. Forthe record, ok. 30 what do you do next? You fired again, you, you i said you thought you h'rt him in the chest? Yeah Are you still backing up at this point? Yeah, um, and still trying to, still trying to keep space; I know after, i feel like after my second shot, um, I don?t remember if I ?red again, as he's Coming at me. Or if after the second one, he turned towards uh, like Officer Hubby?s direction. 80 as I?m, as I'm creating distance, um, you know, i felt like I engaged him and, uh, you? know, Of?cer Hubby would be to my, to my left, if you will, engaged him, fired, and semehow or another he kind of came, you know over here, still . 1 coming this way, or coming towards me, uh i" red and then as he, as he turns towards uh, like where Officer Hubby was, and I remember, I remember seeing Officer Hubby in the backdrop, um, and he?s a moving target still, this guy is still not stopping. Um, still armed with the knife. Urn, and rememberthinking to myself, like man, this is gonna be an incredibly tight shot. Um, and I remember you know, the risk of it was, you know, if i missed to my left, there was a high possibility I shoot Officer Hubby. Umm, and so I don't remember a hundred percent if i shot, or if I just got a sight picture, um, when he was walking, you know, when he was turning, kind of walking towards Off cer Hubby. But I feel like he went down, um, so I may have shot, don?,t Idontremembera hundred percent, um, he went clown, um FebruaryS, 2017 Elm AL 40 70 SMART Investigation SMZO 1? 7-01 Officer Yates (1 2) I I Bet. Fontenot Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenotz- Officer Yates: Det. Fontenot: Officer Yates: ?Det. Fontengg kind of, and Officer Hubby was in the backdrop, and I remember thinking like, and you know, kind of seeing him still, you know, fight to stay in it, um, and I remember thinking like, hey he?s, he?s not as mobile right now, and you know, we can stop this. Um, and so as he?s kind of like trying to fight back to his?feet, and get back up, um, I know I fired um, and I think] fired two, um, and somehow or another, he did get back to his feet, and he continued. And he uh, and I remember because I remember seeing Of?cer Hubby when I fired when he was, you know, down and trying to fight back up, urn, when lfired on one of them, remember seeing Officer Hubby kind of flinchhis, by his wheel well on his car, with his uh gun drawn. And then uh, after I fired urn, he got back up somehow, and came back at me again. So when he, when you, if you can recall, Yeah when he was down on the ground, Yeah yo u' re reassessing?? Yes Ok. Is he facedown?? ls on his knees? Is he on his hands and knees, describe that for me, if you can? A He, he was on like, 1 think he was on like his left, on his left side, um, and then you know, and like, and like coming, coming back up. Um, and uh, and that?s when I remember seeing Officer Hubby, and then having to make the decision like, do i make this, do I take this shot here, with him in the background, you know, the major issue of my concern at that point was, you know, if I missed. And I hit Officer Hubby, that?d be terrible. Um, but in knew at that point, too, thatl had an opportunity urn, where his movement was more steady, if you will, February 8, 2017 SMART Investigation SM2017-01 Officer Yates (1 8: 2) Def. Fontenot Det. Fontenot: Officer Yates: ea. Fontenot: Officer Yates: Def. FonteneQ/ um, that I can make an accurate hit. Um, and uh, I could put a stop to this. Urn, you know, and stop his movement and stuff. 30, um, and, and that?s when, I believe, I fired and uh, somehow or another he got back up and came back towards me. When he came back towards you, was the knife still in his hand? Yesyour sense or perception that he was . surrendering? - No. Not at all. Urn, and I remember when he came back towards me, um, and was you know, we were still, were, were not in traffic, and, and working our way you know, farther into traffic, um, I remember i feeling a sense of panic because knew at that point in time I didn?t it know how many rounds I?d fired, I still don't. Um, I, I knew that I had fired more than, and I, like told you, i had an idea that once I fired one bullet and I hit somebody with one bullet, they would just drop. Um, and when that didn?t happen, when I fired, you know, 1 didn?t know how many rounds .at that point, but I knew it was more than two, um, I, I remember feeling a sense of panic of like, my god, I don?t know where I?m at in my magazine, and uh, he?s stiil coming. And uh, so remember having the conscious, trying to have the conscious thought process of likequick reload and afresh mag in. And I rememberthinking to myself, like, I don?t want to be caught in this prekimity with this individual, that?s this motivated, that for whatever reason my bullets aren't working, um, with an empty gun, and uh, so I remember making the conscious decision not to do a reload. Um, and just go with what I had in the gun. And ifl ran dry, uh, lwould, 1 would do the fastest speed reload I?ve ever done. Um, but uh, so when he was coming at me,'not complying, not listening to I commands, still with a, armed with a knife, um, I know that I fired, and February 8, 2017 SMART Investigation swan-m Of?cer Yates (1 2) Def. Fontenot Det. Fontenot: Of?cer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Def. Fonteng? that?s when I was having that thought process of like, man I know that for whatever reason, my bullets, like, aren?t working. Urn, cause he?s still very much in it. And that lead to your sense of panic, you said? Yes, yes. . . And that sense of panic, how did you feel, what did you feel? I felt, uh, terrible, you know, like I said, of, of a, been fortunate to be on you know, have a lot of really good training and things like thatmind, again, that, you know, once I fired, that uh, and l, and I hit the mark, um, that the individual would drop. And when he wasn?t dropping, when he was still, after I didn?t know how many I rounds at this point, but I knew, you know, probably a handful, um, that he was still very much in it, and still appeared very game for the fight. Uh, I remember that was an unsettling feeling for me. And that?s when was trying to decide like, my god, do l,_do I do a quick reload, or do, you know, but I was like don?t want to be, 1 don?t want to be caught in this thing without ammo in my gun. And uh, so I made the decision, don?t do a reload, just stay with what you?ve got, and if you have to, run dry. And sensing his motivation to continue to advance towards you? Yeah. Were you concerned for your safety? Absolutely And you were concerned for the safety of others? Yeah, probably, especially because um, obviously when he turned towards you know, I perceived him turn towards Hubby and you know, I was worried obviously for the other of?cers, um, but I didn?t know what this guy?s motivation was from the very beginning, and uh, and then you know, we had found ourselves in this situation, and so, I February 8, 2017 Officer Yates (1 8; 2) Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Of?cer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot; Of?cer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Of?cer Yates: Det. Fontenot: Of?cer Yates: Det. Fonten?/ 43 7'0 SMART Investigation 7-01 Det. Fontenot didn?t know what his capabilities were still. He still was armed. And . still moving. And uh, I knew that there was a lot of people around, um, because you know, we on the busiest road in um, and we re in the middle of traffic. 80, you know i didn't know if he was gonna like I didn?t know. There was like a whole bunch of possibilities you know. if he barricaded himself behind somebody else, or their car, or whatever. Um, so, yeah. And so you?re backing up still? Yeah Are you backing up as you?re ?ring? Uh, If you can recall? I, i believe so. Ok. There's, there?s been some short snippet Video, Sure uh, that we have recovered. Have you seen any of that? i saw one cell phone video, um, of uh, of yeah, the end of the, my interaction with him. Ok. And so what you?re describing to me is a first-hand recollection? Yeah And not necessarily based on that video? Correct. I Ok. But you have seen Yeah Cell phone Video we have? Yeah. Ok. So you don't have any idea how many rounds you tired? No, and uh, no. February 8, 2017 - - 44 70 SMART Investigation . SM2017-01 Officer Yates 2) Dot. Fontenot Det. Fo ntenot: Officer Yates: Det. F'ontenot: Officer Yates: Det. Fo ntenot: Officer Yates: Det. Fo ntenot: Officer Yates: Det. Fonterlrg/ Ok, so, describe to me, he?s advancing towards you, you continue to engage him? I Yeah As your training and experience, and as you?ve cleary stated, your concern for yourself and others. Yeah You continue firing. What-happens next? 80 he uh, as he came, I don?t, I don't know how many rounds I uh, engaged him with, I think one or two, um, as he?s coming at that point, still on his feet, still with the knife in his hands, and then, he, he went down, like on his knees, um, on his knees/feet, in front of a car, in south bound traffic. And uh, I remember, you know, we gave him a bunch of verbal commands, drop the knife, drop the knife, he still wasn?t. He?s still, you know, his movements and his body, and things like that still, he appeared still, very game for the fight. Um, and again I was so blown away that my uh, shots didn?t uh, 1m, uh, have the effect that was looking for. Um, i, you know, I was uh, you know concerned. Um, and uh, so I knew at that point in time, like, cause he?s still in it, um, this is another opportunity to stop, cause he had, he had already come towards me, gone down, got back up, come towards me again, and we?ve now worked our way out into traffic. didn't want him to continue working more out in traf?c. I didn?t want him coming at me - anymore. I didn?t want him going at another officer anymore. Um,'and I knew that you know, he's still moving, he's still, his body?s still not stationary, um, but that you know, his movement was less than what it was. And I had an opportunity to you know, put an accurate round on target, um, as accurate as was gonna get, um, and uh, you know, to get him to stop. February 2017 In 01116111111. SMART Investigation . Sit/1201 7-01 Officer Yates - Det.Fontenot . Det. Fontenot: Of?cer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Of?cer Yates: Oat. Fontenot: Officer Yates: Det. Fonten?f} And ultimately he did? Yeah, after uh, you know, shot, um, two or three times, um, you know, center mass, uh, then you know, he, I don't remember specifically how he ended up, but he ended coming out away from that car in traffic. Urn, towards me, um, but as, as he was coming towards me at that point, you know, he appeared like, you know, the rounds are starting to have effect on him, and uh, he collapsed. Um, and when he collapsed, he collapsed and the knife landed right next to his, his uh, his hand. Um, his right hand. 0k, and so then he's down on the ground? Yup. Um, and that?s when Officer Hubby, at that point, and I, you know, we started to kind of move in, and Of?cer Hubby told me, he said, you stay on lethal cover, and he says, l?m gonna go and detain him. Um, as we moved in, I told Officer Poole, uh, came from left, secure the weapon. So she grabbed the knife Urn, Officer Hubby at that point, lthink rolled him over, and then realized, you know, urn, he Wasnt a threat anymore, and you know, the important pa1t at that point was to start CPR. Um, so Officer Hubby started CPR and then um, uh, I asked Officer Poole, what did you do with the knife? She said she set on the hood of Officer Hubby? car. i told her that was a no, you need to secure it. So she ended up securing it. I Ok. But you didn?t ever have physical contact with the knife itself? No But the knife you saw leave his hand, on the ground? I saw, yeah, Officer Poole grab it, and then she went and put it on his car. asked her, what did you do with it? She says, it?s on the hood of his car. l"m like, that, uh, we, there was a bunch of people outside. obviously, and so i was like, no, we need to, you need to secure that. February 2017 Officer Yates (1 8. 2) Det. Fontenot: Officer Yates: Det. Fo ntenot: Officer Yates: Det. Fontenot: Of?cer Yates: Det. Fontenot: Officer Yates: Det. Fo ntenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Yates: Det. Fontenot: . Det. Bilyeu: Det. Fenian-g?? 46 70 SMzorr-m Det. Fonts-not So I don?t know where she secured it, but uh, she grabbed it and secured it. 0k, and so, uh, do you recall if handcuffs were 'used? I, I don?t recall. Your handcuffs were not used? No I And you don?t recall anyone else using handcuffs? No Um, and then CPR was performed? mm (affirmative) By Officer Hubby? Yeah Urn, did you, uh, advise anyone on the radio, or request aid, or do you recall who didthat? i remember um, you know, uh, Officer Poole, I believe it was, you know, requesting aid. I think Officer Hubby got on radio requested it as well. Um, and uh, and that, again, that all was happening within seconds. Urn, you know, and it was a highly adrenalized moment, um, you know. People were pretty frantic trying to get this guy open, and um, you know, and I, I'm obviously was hitting me, you know, the engagement'that was just in. Um, so yeah. I 0k. You holster your weapon at that point? Yeah, Of?cer Hubby, I remember Officer Hubby, when he was doing CPR, um, he looked up at me and said, hey, you can, you can holster. And uh, so that's when I remember holstering.' Ok. And that was the same firearm that, Yup later you were contacted with, believe it was Detective Bilyeu that, That?s right February 8, 2017 Officer Yates {1 8: 2) Def. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Of?cer Yates: Def. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: . Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Det. Bilyeu; Officer Yates: Det. Bilyeu: Officer Yates: Def. Fontengl/ SMART Investigation 7-01 Def. Fontenot ended up conducting your processing, which is a standard procedure for us. Yeah Uh, you hadn't changed anything, hadn't reloaded, hadn?t No Ok.. It?s pretty powerful. ltwas incredible. I mean, oh, yeah, it was tough. Tough. Did you ever have contact with this individual before? I don't, I don?t know who he is, so, 1, I don?t know if I have or not. I . didn?t recognize him. Do you feel like your verbal commands were loud and consistent? Yeah Do you feel like your actions uh, were based on your training and expenence? Hundred percent. So, as far as you know, you?ve never had any contact with this individual before? Right. Take care of that, just go over this to make sure we got them. And you said you?re still not sure how many rounds total that you fired? That?s correct. I Dave, do you have some things you want to go over? I do. Urn, keeping with the theme of the engagement has just occurred, 0k Um, describe what other uh, force options you had available on your person Ok February 8, 2017 .. Det. Fonteng'i?f' 4s .70 SMART Investigation . SM2017-01 Officer Yates (1 a 2) Det. Fontenot Det. Bilyeu: or via requesting form another person, Poole, or, or Hubby. What other force options did you have available? . Officer Yates: Um, so carried a Taser on my duty belt. Um, uh, and l, I don?t know what Officer Hubby or Officer Poole carry 'on theirs. Some carry an asp or baton, 1 don?t carry an asp or baton in mine, nor do I carry 00 spray. Um, so my other force option on my duty belt would have been, uh, Taser. I had a pocket SOG knife in my pocket. A boot knife in my . boot, but um, that was about it. - Det. Bilyeu: So we have hands and feet? Of?cer Yates: Yeah Det. Bilyeu: Uh, Taser? Officer Yates: Yeah Det. Bilyeu: Your own knife? Officer Yates: mm (affirmative) Det. Bilyeu: . And firearm? Officer Yates: Yup Det. Bilyeu: Did you consider using any of those other weapons, force options, besides the firearm? Officer Yates: No. Um, no. Det. Bilyeu: Why is that? Officer Yates: uh ?rst of all, we? re not, we? re not trained to engage people with knives. Personally, you know knives at our department, um, and uh, .i the Taser at that point wasn't a thought process for me, um, just because we were again, like we had talked about, uh, faced with a lethal threat, urn, you know, you?re trained in response to, you know, respond in a certain manner, depending upon, you know, what? 3 being presented to you So being that was being presented with a lethal threat, um, you know, we? re taught that the force necessary to stop a lethal threat is also the potential of using lethal force, which would be . February 8, 2017 Officer Yates (1 a 2) Bot. Bilyeu: Of?cer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates? Det. Fontenv 49 70 SMART investigation SM201 7-01 Det. Fontenot ourtirearm. And also, I, in my training, Tasers are not a hundred percent. Neither are firearms, actually, for that matter, but um, Tasers have a lot of potential to fail. And um, so didn?t want to run the risk of having the force lelected to use fail me in that particular situation that could have been costly for my own life. So if l'm Understanding you right, on that force continuum we?ve all been trained on, Yeah we talk about (unintelligible) and you recognized what the peak of the force continuum, Right the few other options I have available to me at this moment right aren't going to meet the force l'm facing? No So 1 chose to shoot? Right Is that, am understanding you right? That?s correct. That?s a hundred percent correct. have read your statement, Yeah And listened to your uh, interview with um, Detective Fontenot, and I do have a number of questions. 0k Um, you almost described that dream we?ve all had, especially when was new, Yeah oi the bullet now working, right? Oh, a hundred percent, February 8, 2017 Officer Yates (1 8: 2) Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Bet. Fonten?g/ omelet 311.0201 7-01 50 7O SMART Investigation Det. Fontenot You're describing that firsthand. YUP. yup and you Use the word panic in your statement, Yeah um, it almost seems like an understatement. Right The panic part. Right Urn, and you said you took that first shot, and, and nothing occurred? Yeah 1 That's not what you envisioned was going to occur? Right Were you concerned you missed him with that first shot? Yeah, uh, especially because I had it in my mind, and 1 don?t know it it was just from being, seeing too many Hollywood videos, or whatnot, that you know, when you shoot somebody, they?re gonna fall. And uh, and I know that you know, it's, it?s beat into you in training, um, that uh, they're likely not going to do that. But in, for whatever reason in my mind, i was naive to that. And i thought, as soon as shoot somebody, especially with a 40 caliber round, um, that it?s gonna have an effect, they?re gonna fall over, and i only anticipated actually at that point shooting one round, and it would have the effect was looking for. And um, you know, we could be done with this. Um, and when that didn?t happen, that?s when was like, kind of aghast. was like, wow, that is not what I expected. And so i didn?t know if l?d missed or if l?d just winged him, or if i just hit like part of his coat or what. Um, and uh, yeah, that was uh, that was an opening, aha moment for me. You describe earlier, and l, and i tried to coach you, uh, this is happening? . February 8, 2017 . . .. . . . . . - .. .. .. w. . . Lu 51 70 SMART Investigation SM2017-O1 Officer Yates (1 3. 2) Def. Fontenot Officer Yates: Yeah Det. Bilyeu: I And you realize, oh shit, Officer Yates: Right Det. Bllyeu: this is happening. Officer Yates: Right Det. Bilyeu: Um, I?m the type of guy who, when that type of thing occurs, and I?ll use a sports analogy, I Officer Yates: Yeah Det. Bilyeu: So when I?m out on the soccer field playing, and I make an error, I tend to go, ah, shit. Officer Yates: Right, right, right Det. Bilyeu: in your head were you, did you say to yourself in your head, this is happening, or do you say something else? I, what I?m trying to do is articulate a little better, your phrase or your word panic? Officer Yates: Yeah, um, don?t "remember specifically um, any particular phrase that Det. Fonteno?? came to mind. I just remember in my body, feeling that ah shit moment, like, my god, uh, you know, that is not What expected to have happen. Um, and then having-to like quickly make the decision, now what? And uh, you know, and so, when I, like you know, we talked about that uh, dream of your bullets not working, I was living that, and uh, and that shocked the hell out of me. Urn, and so I remember thinking like, ok, I?m gonna, my next step isl?m gonna fire again. Um, and again, even after firing again, it didn?t seem to work. And throughout this entire thing, that same feeling, same moment, kind of continued over and over and over again. And I remember thinking to myself, my god, um, like uh, what the heli? Um, since this has happened, uh, you know, I?m from Idaho originally, do a lot of camping and things like that, up in the woods and stuff like that, l, the big thing I that I probably thought about is like if ever I came across a bear, what February 8, 2017 Officer Yates (1 2) Def. Fontenot Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: I Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Fonten? 52 70 SMART in vestigation SM2017-01 kind, what caliber gun do I want to be carrying? And I always carry my pistol with me if I?m on the four wheeler and things like that. We always been na'ive to the fact that, like you know, a forty would do it. And seeing the capability of a motivated human being, um, you know if intact my rounds are hitting him, um, like, l'don't know what the answer would be to you know say, a bear, at this point. Because uh, my rounds after round after round after round, weren't having that effect on him. Um, 1 don't know how the heck that would happen on, you know, an animal. So that was, that, all that stuff is like happening . simultaneously, and it was'just shocking to me. Uh, earlier you um, you motioned for us, I?m, I?m the, the, I?m the bad guy here. I Yeah Um, knife in hand, Yeah I and he was making the stabbing or slicing motion, was that part of the natural running motion, and l?m sitting here, cause we?re on tape and on video, Yeah, yeah Using my arms like l?m running, Yeah I Is that what you're seeing or is the movement you?re describing different then that natural arm movement in running? I remember seeing his natural arm movement when he was running, and I remember becoming fixated on the blade and things like that, but I remember at some point in time that movement changed from his you know, sprint to you know, kind of like a sideways you know, kind of like a don?t, you know, come any closer type of thing, uh, but again, I, I became so fixated on the blade, um, it?s, it?s my perception that you February 8, 2017 53 7o SMART Investigation 7-01 Officer Yates (1 2) Def. Fontenot. Dot. Bilyeu: Of?cer Yates: Def. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Btlye'u': Officer Yates: Det. Bilyeu: Officer Yates: Det. Fontene?? know, he was moving it, you know, in like an aggressive manner. Um, but uh, you know, again that all happened very quick. Um, Kind of a non?verbal message from him to you with the knife? To me, yup. Yeah. ls thatlacourate? Yeah And I know missed part of this for a moment, but, um, I think this is really important, he went down after the first shot, you said, or he . didn?t, he didn?t go down? No, he didn't. But he subsequently did, Yeah In my mind, when 1 hear, went doWn, l?m not exactly sure what that means to you as I can compare it to what it means to me or Dave, . Right Um, and In your statement you say he went down to his knees, and his feet. Is that with the same shot or are we talking different degrees of down, after he? shot? At the end you? re talking about? At, at the very end you re talking . about? Well after the first shot, we know he didn't go down? Yeah, I So walk me through it? . 50, Degree, degree of down? Ok, so the ?rst shot he didntgo down, It dIdnteven looklke It like It even phased him, and that when l? m, you know like, that' Is not what I expected. Um, same thing with the second shot. And then I don?t remember if lfired again or if or, or what it was cause he 5 February 8, 2017 54 70 SMART Investigation . smzornor Officer Yates (1 3. 2) Def. Fontenot Det. Bilyeu: Officer Yates: Det. Bllyeu: Officer Yates: Det. Bilyeu: Officer Yates: Def. Forn?rm?fj?1 coming straight on, that at some point after that, those first like two shots, two or three shots, he had turned towards Officer Hubby, and that?s when was trying to make the decision like, am I gonna take this really tight shot, with Officer Hubby in my back drop, or am I not. And i don?t remember, urn, if ended up shooting him while he was standing up, you know in the side area, or just on the back part of his lat, urn, but he, he went down in front of Officer Hubby, and was kind of like on his left side, and then So let?s, let's talk about that? Ifl lay down on the carpet like I?m gonna take a nap, Yeah, On my left side, is that, is he down, in a sleeping position? Um, it?s, it's foggy to me, uh, you knowwas like he was on his like left uh, left shoulder, um, as he?s down, and then, you know ultimately kind of coming back up, you know, trying to, trying to get back in it. And uh,that?s when 1 saw Officer Hubby in the backdrop again, you know, pretty clear. Um, you know, wanted to prevent him again, to become mobile and things like that. Knew that this is an opportunity where, you know, he's still moving, but have an opportunity to make an accurate, as acur, as good of an opportunity as I?ll have in this entire conv'oluted you know, field of play, of you will, with as much risk for every round that you know, I shoot, of hitting something I?m not aiming at. Um, to make an accurate hit or two, in, you know, engaged him there, and 1 don't remember how he got up, if he turned left towards me, or if he turned you know, right and then came back towards me. But he did get back up and come back - towards me. When you say get back up, he was on his feet? Yes. February 8, 2017 EKN AL 55 70' SMART investigation 7-01 Officer Yates (1 2) Def. Fontenot Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Def. Fonten@ And did he go back down, and get back up again? And go down, and get back again? I No. 80 he, he came back towards me, and engaged him, I know I engaged him at least once. Um, maybe twice, I don?t know, um, and then as he?s coming back towards me, you know I could see him kind of, after I engaged him, kind of working his way out into traffic. And as he was out into traffic, you know, he went down, facing me, in front of a car. Um, in the south bound lane of traffic. Um, you know, still, and I, I don't remember specifically if he was on his knees, or if he was on his feet, or kind of one or the other, um, but I remember his body movement being looking at the knife, seeing if he?s dropped the knife. Urn, you know, we?re giving commands, drop the knife, drop the knife. He?s not dropping the knife. Um, I knew we couldn?t at that point rush in, go put handcuffs on him ctr?anything like that, cause he?s still a deadly threat to anyone that comes within his vicinity. Um, and I didn?t want him obviously working his way back out into traffic. Um, nor did i want him coming at me or anybody else. So when he's still not complying and things?like that, I knew, you know, although his body is moving and things like that, you know, have an opportunity to, you - know, again try and stop this. Urn, you know. At that point, you know, it, you know, I could see the effects, after I?d engaged him, uh, again in that position, that you know, at least, those rounds did work, and I am getting the result that I looked for. And that?s when you know, he went down, and dropped the knife, and I stopped engaging, And then when he went down, was that from his feet, or had he gone I to his knees, and then goes down? don?t remember, because, uh, like 1 said, when he came out, he came out away from the car, like, so when we went and did CPR on him, it February 8, 2017 . a an mun-r.? mm 56 SMART investigation 5M2017-01 Officer Yates (1 2) Def. Fontenot Det. Bilyeu:_ Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Def. Fonten? wasn?t right next to the car. Um, to my recollection. There was space, so he had come out from the car. Um, and then, I Talking about Hubby?s? No, from the, from the car he went and he was, the pedestrians' car he was in front of, yeah. So then, ok. Yeah. Um, so he had come out away from that car, and then um, had gone down to the ground. 80 somehow or another, he had come out again. But I didn't, when he came out that way, I could see uh, obviously, the rounds had the effect. He wasn't, you know at this point, you know looking like um, you know, he was gonna be able to, you know, effect, you. know effectively, hurt or kill anybody else. So didn?t engage him, um, and he went down to his stomach, away from that uh, civilian?s car. And then that?s when uh, you know, we secured the knife, and started CPR. Going you your written statement on page three, um, there's something not in your statement that brought up, verbally, here today. And we?re talking about um, the second or third paragraph on page . three. Um, you mentioned today, during the verbal, uh, statement, that you thought perhaps in your earpiece, you heard that radio traffic about the knife. Right. That's not in the written statement. Uh, is that omission from the written statement um, uh, because of something you just frankly didn?t remember, or is that something that you juSt overlooked and didn?t get in the written statement? I?m trying to reconcile, Sure that one piece of information, Yeah February 8, 2017 70 SMART Investigation SM2017-01 Of?cer Yates (1 2) Def. Fontenot Det. Bilyeu: . that isn?t in the written statement, but we talked about here today, and I how they come together? I Officer Yates: Um, ultimately, I guess from when was writing my written statement, um, you know, uh, don't know why um, didn?t, you know, cause I had heard the radio traffic, and I didn?t, you know, I felt like -I heard it, in my earpiece, but because I wasn?t a hundred percent positive, um, you know, I didn?t want to put that in there, implying that I did, when maybe didn?t. Um, because it was so foggy, so, i would, I didn?t put it in. Det. Bilyeu: Very good. You mentioned that you had actually listened to a little snippet of the radio traffic? Officer Yates: Yeah Det. Bilyeu: Post incident, how did that come to be? Officer Yates: UrnYouTube, I believe, just the radio traf?c. A Def. Fomfengtj lot of times, when we have major incidents, urn, it?s a good learning tool, you know, we have people that just listen to our radio, scan our radiosback and listen to it. it's helpful too, when you know, you are on a scene or something like that and if you need to refresh, uh, what it is that you know, was put out over the air or whatnot, um, you know you can get'information like that. Just like if I went to a regular shoplift, um, and I needed video evidence of something that did or saw or you know perceived, you?re able to review the tape. Um, so i heard the radio traffic on uh, YouTube, um, it was tough because you know, they tell you obviously, stay away from you know, media and things like that for your own being, but it?s like, when someone tells you don?t touch the hot stove, you naturally want to touch the hot stove. And that's basically, you know, kind of what that was. Is that thought you know, I was prepared obviously, you know, um, to hear or see, you know, certain things, and so I saw the, or heard the radio traffic and then saws the FebruaryS, 2017 5?3 7" SMART Investigation SM2017-01 Of?cer Yates (1 8: 2) . Def. Fonfenot Det. Bilyeu: Officer Yates: Det. Bilyeu: Def. Fontenct'?'? cell phone video. After that, that uh, that was hard. Um, and since then I?ve totally disconnected. Uh, is that something you sought out on your own, then? I don't? remember if it was something! sought out on my own, or my wife, um, I think the radio traffic, no; my wife, my wife was talking to me about it, uh, because, my wife used to be a dispatcher for SNOPAC, and a Call-taker, and uh, so she, her best friend is still a dispatcher there, um, her best friend trying to keep her in the loop, uh, was like, hey you know, you should listen to radio traffic. So i was debating whether or not you know, i wanted to hear or not, and so, l'm at like the first day after, or the day of or something like that, um, is when I heard the radio traffic. Um, and then the uh, uh, video, kind of similar. My parent live in Bozeman, Montana. Urn, so when notified my parents, hey, I was in an incident today, um, a guy came at me with a knife, l'm here, he?s not, and that's basically all I can tell you, the rest of the information you?re gonna have to get from, because you're far away, from?media, but l?m cautioning you not to look at comments, um, and uh, things like that. Um, so, my dad asked me what local news agency, cause he?s not familiar with it, and so, um, I sent him a linkjust' to the update of what happened. i think it was like a link, urn, but uh, outside of that, that?s, you know, that was my conversations with him Um, Did you uh, talk to any other officers and say, hey, uh, 'what did you see. Did you see what i saw? Did you have any conversations verbally or electronically, with any other uh, folks that were present or would have heard about the incident to gather information for your own memory, that would assist you in your written or verbal statements today? February 8, 2017' Det. Bilyeu: Officer Yates: Det. Biiyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Fontenot: Officer Yates: .Det. F0 ntenot: Officer Yates: Det. Fontenot: Mr. isaacson: Det. Biiyeu: Mr. lsaacson: Det. Fontenot: Det. Fontenot: Paused Det. Fontenot: Def. Fontenc? 59 70 SMART investigation 7-01 Officer Yates (1 2) Def. Fontenat . Officer Yates: No. On, on scene i asked Of?cer Hubby, um, did you see him come at me? And he said yes. Um, and uh, outside of that, uh, no. I, I obviously talked about the, my end of the situation with my Peer Support Officer, Officer Zach Olsen, um, but uh, Yeah, l?m sorry, besides peer support stuff? Which is protected and confidential. No. No. Urn, I?m very familiar with this part of the county, I grew up here. Yeah. started shopping at that Costco twenty?some years ago. You?re advised. - . . . I Are you doing alright? Yeah, I?m doing good. You don?t need a break? I?m, i?m (unintelligible) you ok, we?ve been in here an hour and twenty-five minutes, and we?ve taken a break. We're certainly able to, How much longer gonna have to go? Fifteen take a break Take a break? Alright, let's, we?re gonna stop the tape now forjust a moment and take a quick break, so everyone can uh, gather themselves, the time now is 11:39 hours. And we?ll start this right back up in just a few minutes. This is the tape recorded statement of uh, Officer Zach Yates, SMART investigation number 17m. The time now is 11:42 hours, uh, February 8, 2017 {ma-3w. :1 ,nalElNAl. a 70 SMART investigation 7-01 Officer Yates (1 S: 2) Def. Fontenot Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Det. Bilyeu: Of?cer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Det. Fonten?taj everyone is uh, back in room after a short break, and Detective Bilyeu has a few follow up questions for Officer Yates. Officer Yates, you understand this now being recorded again? Yes, sir. So, we're back on the record. 'Ok Thank you. You described urn, that guy running through the Costco lot. Now my running and your running might be different. Right I You?re a lot younger than I am. Right 80, my running might be a jog, compared to'your running. Right Uh, this guy running through the lot, Yeah um are we talking like a sprint, jog? He he was, he was, and i guess that 3 what i couldn?t figure out. He was actively trying to put a lot of distance himself and me quickly. So he was he was running at a fast pace. And he was trying, he was multitasking. So he was taking off his bag, reaching into his bag, and he, you know, he was he was trying to get away from me. So he was running at a, a high rate of speed. And he was described as you know, a twenties year old male. You know, so and he looked to be' In decent shape. Urn, so you know, actively, running pretty quick. Hubby said, you said that Hubby said to Poole grab him here? Yeah And based upon where Poole?s SUV and Hubby's vehicle came to a stop, February 8, 2017 . . - Officer Yates (1 8. 2) Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Of?cer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Def. Fontan SMART investigation 7-01 Det. Fontenot - Yeah, yeah, Where was that in relation to where Hubby said, grab him. Oh, that was farther down so they'd made it farther north bound, so he had, he had crossed and kind of you know, worked my way through the lot. Turning right, and then kind of coming left to come back out. And they were a little bit farther south, um, and Hubby you know told her, to hey, grab him here And then the guy obviously passed them, continued on. And, and then Hubby, cause he was still actively driving, thatlike, don?t hit me. Um, so it was still farther down. I What do you estimate the distance from? Probably another fifty, fifty feet or so. going to, this is pretty much the same pictures as I had over earlier, but I was able to narrow it down. The ones i want to use So gonna mark, this is a color photograph of the scene, Ok We mark it with a number one. This was taken from a fire truck aerial ladder Ok This is looking onto Highway 99. I?m gonna hand that to you, give you a sec to look at it. l?m assuming you recognize that? Uh, yes. Alright. Once we put ink to paper, before we get stuck, so before you put ink to paper, I?m gonna hand you a red pen. 0k. - So maybe, in your mind, befOIe you actually put the Sharpie on the paper, can you with the red ink, draw the route of the suspect in this case, from the moment you saw him by the U- Haul, going east bound across the highway into the Costco lot, north through the lot, back west February 8, 2017 "1-wrmup SMA RT in ves tigation SM20 1 7-0 1 Officer Yates (1 3. 2) Def. Fonten of Det. Fontenot: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Det. Fontenot: Def. Fontend??" bound across the highway, and then north bound on the sh, western shoulder To the best of your recollection, could you please use that red pen to draw that route? You can do it with dots or line whatever you feel like would be the most accurate representation. Ok, I'll go line. So I, so here?s U-Haul, so I saw him, looked like he came from like this side of U-Haul. Out over here, came out, and like, and was parked like, in the middle lane, came across here, running through here, was running up through here. And then he, at some point, between, between like two cars in here, urn, you know had, had dipped in between like two cars, not exact on the cars in that parking lot. Um, had come back out across the highway. Had some up uh, this way. And then basically, um, and then, I have a closer image of where patrols cars stopped to uh, diagram the contact you had with him. 0k, ok, so basically, this was, [want to say this is, this is probably it, so from U-Haul all the way across this opening here, came through parking lot here, Came between two care over here, came back across, and that, uh you know came back across. He might have been a little farther up or a little farther down, not a hundred percent, causel don't know what cars he went through. Um, and then made his way back across the highway. And it might have been at more of an angle. Cause I had lost, so he came between these two cars, I saw he was getting ready to enter traffic again, and then had uh, lost visual as my vehicle was coming through herethe pumps, Yeah to get back out on the drive. So you had to dIiye down around, this is Costco here February 3, 2017 Officer Yates 2) Det. Fontenot Officer Yates: Det. Fo ntenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Det. Fontenegj 63 70 SMART investigation Win. we as far as that goes, and then you just drove down and around, and then came out the exit here, Correct And that?s, and that's where your vehicie ultimately came to rest, and then point to your vehicle in the center of the photograph. Yup And by that time he had already crossed over these two vehicles, as 1 understand it, were proceeding this direction? i Yeah Oh, thank you. Could you put a, like an arrow tip with the end of the line to show what direction that entire line goes, please? Like that? Perfect, thank you. Ok Alright, if you could set that one aside, you can certainly reference it all you want, but that?s picture number one. 0k . So this is gonna be number 2. You?ll recognize this, I believe, as a closer image of where the patrol cars uh, came to a stop. So, um, continuing from where the red line terminates on image number one, which is a little broader of an image, 0k Could you now on image number two with that same red pen, trace the route of the suspect, um, from the sidewalk-to where he ultimately fell and was no longer a threat? February 8, 2017' 64 70 Officer Yates (1 8. 2) Det. Fontenot Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Dot. Bilyeu:' . Unknown: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Det. Um, yeah, it's tough cause it's out off here, I don?t remember exactly like in vicinity to Officer Hubby?s car, which is that first black car right there. I Do you have this one? That?d be easier. ream-era Cause that one actually gives Yeah, that?s this one right here Ok, so lets, it we? re all good, let's dispose of this number two, Yup and remark another image that has a little broader View of the western sidewalk, as the new number two. Ok l?m gonna out a big across the original number two so that we don't get confused. So, he came down, you know, probably right in here, somewhere, um, and came out this way, basically kind of towards me, give or take. Urn, he came towards me, and then somehow or another after, after engaging him, he made his way back, uh, this way, and Officer Hubby was over here by the wheel well. Urn, and then you know, at, at some point, think he went down somewhere around' In here. Um, and then uh, came back, got back up, came back again, um, you know, this way, and oh, yeah, and I think ultimately like the car was in this lane, right here. This Hubby?s car? Yeah. So he came, worked his way this way, and then came back again this way. So he kind of serpentined a little bit. So that second ninety degree angle, where you said he went down, could you put an there please? February 8, 2017 . Officer Yates (1 8i 2) Officer Yates: Det.? Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu; Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Def. Fonteng ORIGINAL 55 7.. SMART investigation Det. Fontenot Like right in here? No, I?m sorry, the, the second one (unintelligible) Oh, So that?s where he goes down? - Yeah Uh, the first time? Yeah, generally. 0k. l?m gonna, Zach, l'm gonna hand you urn, a black Sharpie. Could you put an for Hubby and a for Poole if you recall where they were? I don?t know where Poole was at, at this point. I know Hubby was right here. How about a for you. And you can use the black pen to trace your retreat as you described. 80, 'Your action, with the black pen. 0k 0k Your movement, I sorry, with the black pen. Um, ok. Can you please start over at your patrol vehicle? 80, right, oh, got you. so right here? Right. 80, So trace your route for me, please? [get out ok. So 1 get out and coming atan angle, across, um and then I, I see him as he?s coming, coming here. I coming up on the sidewalk, and then, you know, ultimately, i start to put space between us um, and then you know, I?m kind of looping here, cause remember Hubby coming into my field of view. Um, and then uh obviously February 8, 2017 Officer Yates (1 2} Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. F0 ntenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Bilyeu: Officer Yates: Det. Fontenot: Det. Fonten? Sit/12017411 66 70 SMART Investigation Det. Fontenot coming back, cause he?s coming this way, and i kind of loop uh, you know, out, out this way i guess. Cause I think that last, last angle was probably somewhere, was somewhere in, in this general area. Just put a where you ended up? II Ok. 80 understand it, excuse me Dave, i didn?t mean to interrupt you but, if i understand it, this is the, when you describe him rising up, turning, and you made that concern, you were concerned, Yeah because you could see Officer Hubby here, Yeah your angle was here, so you could see him, and when i say here, I mean he?s on the west side of his vehicle, Yeah near the sidewalk Yeah or on the sidewalk, near his front wheel well, right? Yeah, and it might even have been even more sharp of an angle, um, so i, I may have even been, so like at this dot, or at this dot here, one of these two cause i remember him clearly' In my field of view. And I remember that conscious thought of like, this is gonna be an incredibly tight shot, um, And there was civilian vehicle, you said? Yeah, um, basically, so, Do you mind drawing a rectangle where you recall that vehicle being? Yeah, um, I can't reme?mberii it was in the, the middle lane of traffic, or if it was in this lane. i put him that he went down here, sol?m assuming that its probably um, this lane of traffic. And clearly this is not to scale, these are estimations, February 8, 2017 Me?? Officer Yates (1 8. 2) Of?cer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Of?cer Yates: Det. Fonte not: Officer Yates: Det. Fontenot: Officer Yates: Def. 67 SMART investigation Def. Fontenot Yeah, I mean we?re just, just getting a feel for your perception on where and what direction you were. So your concern at this point, and then when you say engage, you?re talking about discharging your firearm? Correct. Ok. Um, so when you're at this angle, he?s up again, and he's doing that turn, and you see Hubby, and you have a concern? Yeah, absolutely, I That he's going to turn and perhaps his attention or focus to Officer Hubby? Correct Knife still in his hand? Yup And so at that point you made the decision to fire, discharge your weapon again. You said you thought you hit him in the side, maybe? Or the shoulder? Yeah, I'm not a hundred percent positive if when I shot him, when he was up, because, but I do remember thinking like in getting that sight - picture of like knowing this is an incredibly tight shot and he?s moving. And now I have less of him to shoot at. Um, but he, 1, I know, or feel like he went dewn, like right here where drew. So, if shot, that?s what dropped him. Urn, and, and thats when you know, I had him in the field of View and i knew like hey, you know, now he's you know, potentially you know, less mobile, and things like that. Let?s stop this, um, he looked to be like fighting back up, um, and engaged him again. Um, and then, 1, like I said, don?t remember how or which way again. And then came back, um, you know, towards me. February a, 2017 Officer Yates (1 8e 2) Det. Fontenot: Officer Yates: Det. Fontenot'. Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Officer Yates: Det. Fontenot: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Officer Yates: Det. Bilyeu: Of?cer Yates: Det. Bilyeu: Officer Yates: Det. Fonten?g?f Right OREGKNAL 68' 70 SMART In vestigation 7-01 Det. Fontenot And a key element that you just said, that when he, when youhad that eight picture, you still believed and perceived that he was motivated enough, armed with a lethal weapon Yeah and motivated, even though he was, as you described it, down, you He, yeah, felt like he was still in the gamer he was still in the fight. Right, and I knew of, of ail the opportunities that had, this opportunity for me that uh, you know, I could, I could get an accurate, accurate shot to stop him. Um, because there's a lot of collateral damage opportunity it you will, um, and uh, i wanted to try and take as much risk out of firing as I possibly could. Sure. I With the black pen still in your hand, i Yeah - - uh, the rectangle that you have drawn for this vehicle, do you mind- putting a on that for civilian? 0k And then on the black line which is you, um, a couple of things, could you draw an arrow, give me directionality? Yeah Oi your movement please? Yeah And then urn, to the best of your recollection, a number one, where you . believe you were when you tired your ?rst shot? Yeah February 8, 2017 69 70 SMART investigation SM2017-01 Officer Yates (1 8. 2) Det. Fontenot Det. Bilyeu: And maybe, um, an where you believe you were when you tired your last shot? Officer Yates: Uh, let?ssee. Det. Bilyeu: And using the red pen please, and arrow for uh, the suspect?s . directional, directionality? Officer Yates: And an arrow as he?s Det. Bilyeu: Please. Alright, um, this one?s got a little thinner tip for signatures, Officer Yates: Ok Det. Bilyeu: could you uh, sign and date both of those (unintelligible) down at the bottom there? Do you have anything that you want to add to either one of those images? Officer Yates: No. It?s uh, like I said l?m not an artist and um, yeah, even from the angle of it being up stuff like that, this is, to the best of my ability, of what I recall I Bet. Bilyeu: Sure. Alright could you hand those back to me, please. That?s uh, I think we re done with them unless you have anything else we need Officer Yates: Nope. Det. Bilyeu: - This, these set of pictures are um, tell me if you recognize anything in those pictures? Officer Yates: Yeah. Det. Bilyeu: What do you recognize? Officer Yates: Uh, a knife. Det. Bilyeu: Uh, using one of the bigger tipped pens, do you mind putting a circle - around what you recognize as the knife? Officer Yates: - Yeah. All of em, or Det. Bilyeu: Whatever image you, you think best'uh, represents the knife that you observed? Maybe an arrow down to that white section of the paper I that doesn?t have a photo, Officer Yates: Ok Det. Fontenc?tili February 8, 2017 70 7o SMART Investigation Officer Yates (1 8: 2) . Det. Fontenot Det. Bilyeu: from your circle, just draw an arrow down there and say this is the knife or whatever and sign that one too please? Thank you. Uh, that is all i have. Det. Fontenot: Do you have anything? I Mr. lsaacson: No. Det. Fontenot: Zach, do you have anything else you would like to add to this statement? Anything uh, that you would like to, that we havent asked you that feel like, (unintelligible) would be helpful for us to know,_this is your opportunity to offer any statement you want or no statement at all? Officer Yates: No. Det. Fontenot: 0k, there?s nothing, there?s nothing else that uh, that you feel like we should know? Of?cer Yates: Um, no. Det. Fontenot: Ok, fair enough. Do you certify or declare, under the penalty of perjury under the laws. of the state of Washington, that this statement is true and correct? I Officer Yates: Yes. Det. Fontenot: And as a result of that if you would please, l?ll trade you. You can sign the bottom that. And I think there?s a time and Hi fill the rest of that out for you. This will conclude the statement of uh, Officer Zach Yates, with the Police Department. Today?s date is 38/2017. The time now is 11:59 hodrs. And this will end the recording. [Endt?tape] Transcribed on 2/10/17 by Secretary Forester #4294 Rat/revved by Davrd J. Fontene?/ {Det Fontenot) on 03/0317 - - Signa?UIe DetFonten?ci I I FebruaryB 2017'